Patna High CourtCR. MISC./42503/2026bail granted

Pratap Paswan v. The State Of Bihar

2026-07-01Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42503 of 2026 Arising Out of PS. Case No.-479 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Pratap Paswan Son of Yogendra Paswan R/o village-Bikkam, P.S. and District-Lakhisarai.

Shekhar Paswan @ Sekho Paswan Son of Late Misho Paswan R/o villageBikkam, P.S. and District-Lakhisarai. 3.

Rudal Paswan Son of Shekhar Paswan Resident of village-Bikkam, P.S.and District-Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 01-07-2026 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Lakhisarai (Kabaiya) P.S. Case No. 479 of 2018 F.I.R dated 12.08.2018 registered for the offences punishable under Sections 364/365 of Indian Penal Code / Bharatiya Nyaya Sanhita, 2023.

3. According to prosecution case, on 16.07.2018 at 05:00 P.M. the grandson of the informant, namely Bikash Kumar, S/o Upendra Paswan was taken away by the petitioners, through a four-wheeler (Scorpio) bearing Reg. No. BR53B2044, which was later intercepted by the villagers, upon alarm

Patna High Court CR. MISC. No.42503 of 2026(2) dt.01-07-2026 2/3 being raised by the grandson of the informant, was rescued, thereafter.

4. Learned counsel for the petitioners submit that the allegations levelled in the F.I.R. was investigated and the Police submitted final form. It has next been submitted that differing with the said Police Report, cognizance has been taken and has occasioned these petitioners to file the present Anticipatory Bail Application. It has also been submitted that the allegations which formed part of the F.I.R. originates from a land dispute, which has already been settled and compromised between the parties, which is appended with the petition as anneuxure- P/4. It is submitted that the petitioners have clean antecedent.

5. Learned APP for the State opposes the prayer for anticipatory bail in respect of the petitioners.

6. Considering the fact that the issues have been resolved and the final form was submitted after investigation and the petitioners having no criminal antecedent, this Court is inclined to grant the privilege of anticipatory bail to the petitioners, with a condition that no such instance shall occur in future.

7. Let the petitioners, above named, in the event of his/her arrest or surrender before the Court below within a

Patna High Court CR. MISC. No.42503 of 2026(2) dt.01-07-2026 3/3 period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Lakhisarai, in connection with the aforesaid P.S. Case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;

(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

(Ajit Kumar, J) surya/- U T